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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: kolkata Year: 1915 Page 1 of about 34 results (0.045 seconds)

Nov 29 1915 (PC)

Bilasiram Thakursidass Vs. Ezekiel Abraham Gubbay

Court : Kolkata

Decided on : Nov-29-1915

Reported in : 33Ind.Cas.1

..... terms. the result of further correspondence was that on the 18th august 1914, the seller intimated to the purchaser that he had definitely cancelled the contract; the present suit was thereupon instituted on the 26th august 1914. the plaintiff claimed damages for the july instalment at the difference between the market ..... here: there was nothing to show that the plaintiffs ought to have or could have gone into the market--a rising market--and obtained a similar contract.' in the case before us, the damages have been assessed on a different principle, and as i read the authorities, on an erroneous principle; ..... which preceded the institution of this suit, we find that on the 10th august 1914 the seller referred to the july and august portions of the contract,' which he stated were ready for despatch from java. on the 18th august, the purchaser referred to my july shipment of sugar.' on the 19th ..... the claim in full. that decree has been assailed before us substantially on two grounds; the first raises the question of the true interpretation of the contract, the second involves the question of the principle on which damages should be assessed.12. in support of the first ground, it has been argued ..... and transportation company v. phillips (1874) 90 u.s. xxiii 71 : 23 wallace 471 it generally secures a complete indemnity to the purchaser. but it is intended to secure only an indemnity. the market value is taken, because it is presumed to be the true value of the goods to the purchaser. in .....

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Feb 26 1915 (PC)

Patiram Bankerjee Vs. Kanknarrah Co., Ld.

Court : Kolkata

Decided on : Feb-26-1915

Reported in : (1915)ILR42Cal1050

..... of a suit like the present, for no objection on this score has been raised. nor is it necessary to consider the plaintiffs claim to indemnity against k. d. shaha. in my opinion the judgment, of chitty j. must be modified and a decree passed in the plaintiff's ..... . jardine skinner & co., replied to messrs, s.n. banerjee & co.25. we do not agree to accept your principal's name under this contract. the contract must, therefore, stand as originally made out.' on the 29th september messrs. jardine skinner called on messrs. banerjee & co., to hand them documents for ..... declaration that an award dated the 14th february 1914 is invalid and inoperative, and for consequential relief. in the alternative he seeks a decree for indemnity.17. this award professes to have been made on a dispute between messrs. jardine skinner and co., managing agents kanknarrah co., ld. and messrs ..... has dismissed the plaintiff's suit and from this judgment the present appeal has been preferred.27. it is contended by the appellant that there was no contract between messrs. s. n. banerjee & co. and messrs jardine skinner & co., or the kanknarrah co., ld. that authorized the reference to arbitration. ..... 250 bales, and on the 30th, banerjee & co., replied requesting them to ask the seller direct for the jute due under the contract. there was further correspondence but no delivery or payment was made, and ultimately messrs. banerjee & co., received notice from the registrar, bengal chamber of commerce .....

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Feb 26 1915 (PC)

Patiram Banerjee Vs. Kankinarra Company Ltd. and anr.

Court : Kolkata

Decided on : Feb-26-1915

Reported in : 31Ind.Cas.607

..... suit like the present, for no objection on this score has been raised. nor is it necessary to consider the plaintiff's claim to indemnity against k.d. shaha. in my opinion, the judgment of chitty, j., must be modified and a decree passed in the plaintiff' ..... 17th september, messrs. jardine skinner & co. replied to messrs. s.n. banerjee & company:we do not agree to accept your principals names under this contract. the contract must, therefore, stand as originally made out.7. on the 29th september, messrs. jardine, skinner & co. called on messrs. banerjee & company to ..... declaration that an award, dated the 14th february 1914, is invalid and inoperative, and for consequential relief. in the alternative, he seeks a decree for indemnity.2. this award professes to have been made on a dispute between messrs. jardine, skinner & co., managing agents, kankinarra co., limited, and messrs. ..... dismissed the plaintiff's suit, and from this judgment, the present appeal has been preferred.9. it is contended by the appellant that there was no contract between messrs. s.n, banerjee & co. and messrs. jardine skinner & co., or the kankinarra co., ld., that authorised the reference to arbitration. ..... them documents for 250 bales, and on the 30th, banerjee & co., replied requesting them to ask the seller direct for the jute due under the contract. there was further correspondence but no delivery or payment was made, and ultimately messrs. banerjee & co. received notice from the registrar, bengal chamber of .....

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May 25 1915 (PC)

J.i.J. Hyam Vs. M.E. Gubbay

Court : Kolkata

Decided on : May-25-1915

Reported in : 32Ind.Cas.53

..... need a formal writing for its full expression, whether it has few or many details, whether the amount involved is large or small, whether it is a common or unusual contract, whether the negotiations themselves indicate that a written draft is contemplated as a final conclusion of the negotiations. if a written draft is proposed, suggested or referred to during ..... itself and embodies all the terms to be inserted in the intended formal writing, a binding obligation is fixed on the parties, unless it is understood and intended that such contract shall not become operative until reduced to writing. these principles, which in their application give rise to questions of considerable nicety, are illustrated by decisions of the highest authority, ..... opinion, the appellant has established no sufficient ground for reversing the decision of mr. justice chitty that the plaintiff had proved and was entitled to have specific performance of the contract pleaded.61. the appellant has not, in my opinion, established grounds for the reversal of the judgment and decree against him and i would, therefore, dismiss this appeal with ..... of mankind, and the particular situation, convenience and inconvenience belonging to the estate.' and in view of the uncertainty of the provision it was held that there was not a contract capable of being specifically enforced.39. the plaintiff asserts, as is obligatory, that he was ready and willing to perform and carry out the agreement. presumably the draft agreement .....

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Nov 24 1915 (PC)

Mathura Mohan Saha and ors. Vs. Ramkumar Saha and Chittagong District ...

Court : Kolkata

Decided on : Nov-24-1915

Reported in : 35Ind.Cas.305

..... to do justice rests upon all persons, natural and artificial; if one obtains the money or property of others without authority, the law, independently of express contract, will compel restitution or compensation: rankin v. emigh (1910) 218 u.s. 27. this is good sens6 and based on sound principle. the relief ..... december 1900, when he accepted the second offer. the second agreement, as we have already seen, is not enforceable and never superseded the original contract. consequently, the district board is not entitled to retain the money paid by the plaintiff thereunder. it cannot be disputed that where a corporation ..... both parties have conducted themselves as if there had been no rescission; they have not been relegated to the original position they occupied before the contract was made. their conduct has been inconsistent with the theory of rescission, and when, for the first time, more than a year after the ..... first agreement, and, secondly because, the second agreement was inoperative in law.9. as regards the first point, it is well settled that a contract need not be rescinded by an express agreement to that effect; if the parties make a new and independent agreement concerning the same matter, the ..... of the probable expense of executing it and keeping it in repair. the first of these requisites was decided to be imperative, and a contract unsealed was consequently held inoperative against the board and the rates. but the provision which required an estimate, was held to be merely a .....

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Mar 24 1915 (PC)

indar Chand Vs. Emperor

Court : Kolkata

Decided on : Mar-24-1915

Reported in : (1915)ILR42Cal1094

..... 85, 85. in this view trading is any dealing with goods by way of commercial intercourse with the enemy excluding the specific acts of supply, carriage and contract provided for in sub-clause. (7) and (9), whether the goods or the shipping documents pass or not. from the point of view of the ..... exclusive, and the four parts of sub. clause (7) must be interpreted similarly. 'trading' docs not include supply or carriage of goods or a commercial contract, otherwise these provisions would overlap and be redundant. next the word 'trading' must be taken in connection with the scope and aim of the ordinance and ..... ) would be covered by sub-clause (7) and become redundant. but the former relates only to contracts and is not included in sub-clause (7). the sub-clauses antecedent and subsequent to sub-clause (7) refer also to specific overt acts. refers to ..... or the goods put in the coarse of transmission. mere intention or willingness is not sufficient. the stages of a transaction, of trading are, generally negotiation, contract and supply. if 'trade in' means any commercial dealing short of supply or putting the enemy in' the position of obtaining goods, sub-clause (9 ..... offence against the proclamation, and i think this is none the less so because sub-clause (9) forbids the entering into commercial, financial or other contracts with or for the benefit of an enemy. it may well be that an offence which may be covered by the latter part of sub-clause .....

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Dec 10 1915 (PC)

Maharaja Manindra Chandra Nandi Bahadur Vs. Srimati Durga Sundari Dasy ...

Court : Kolkata

Decided on : Dec-10-1915

Reported in : 32Ind.Cas.185

..... a new implied contract between the parties, varying the rent reserved by the kabuliats. 11. but under section 92 (4th proviso) of the evidence act, any variation of rent reserved by a registered lease ..... is an occupancy raiyat. it is contended, however, on behalf of the respondent that the acceptance of rent for a very long time may be evidence from which a new contract may be inferred, and the learned district judge has come to the conclusion, from the acceptance of rent at the reduced rate for a very long time, that there was ..... rent at the full rate and that the plaintiff, by his conduct in accepting rent at the reduced rate after the expiry of the terms, entered into a new implied contract varying the rent reserved in the kabuliats.9. the plaintiff has appealed to this court and has raised the questions set forth above.10. with regard to the first question .....

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Feb 04 1915 (PC)

Sudamdih Coal Co., Ld. Vs. Empire Coal Co., Ld.

Court : Kolkata

Decided on : Feb-04-1915

Reported in : (1915)ILR42Cal942

..... act in personam, it has jurisdiction, is unsound, even english courts of equity refused to recognise that doctrine. equity did not give relief in personam unless priority was established by contract, fraud or trust. section 16 of the code reproduced the law governing the jurisdiction of the english courts even after the extension of the courts of equity. the jurisdiction of ..... ., land mortgage bank v. sudurudeen ahmed (1892) i. l. r. 19 calc. 358., which was a vendor's suit for specific performance of a contract for the sale of land and for damages for broach of such contract, where the decision turned on the nature of the relief sought, bapuji raghunath v. kumarji edulji umrigar (1890) i. l. r. 15 bom. 400 .....

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May 26 1915 (PC)

Bhudar Chandra Goswami Vs. C.R.S. Betts

Court : Kolkata

Decided on : May-26-1915

Reported in : 33Ind.Cas.347

..... any sum was due from him to the owner of the second elephant. on these facts, we must hold that there was some feature in the contract relating to the second elephant absolving the plaintiff from liability to its owner. we accordingly hold that the plaintiff is not entitled to damages under the ..... defendant tendered his elephant, the other elephant was not available for use. that does not absolve the defendant from liability for damages for breach of his contract. but these damages cannot include the costs of hire of the other elephant. it is to be noted that at the time when the plaintiff was giving ..... if the time were not of the essence of the contract, he need not have asked for extension of time. we must thus proceed on the assumption that according to the true intention of the parties time ..... attach some value and importance. prima facie, then, the parties may be deemed to have intended that time should be of the essence of the contract in the case before us. this conclusion is confirmed by the circumstance that the defendant obtained an extension of the time for delivery of the elephant; ..... specified, would pay the plaintiff the sum of rs. 2,000 as compensation. the courts below have found that this is not a correct interpretation of the contract, which merely provided that, if before the expiry of the term of six months, the defendant, for any reason, takes back the elephant, he will .....

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Jul 15 1915 (PC)

Jitendra Nath Palit Vs. Lokendra Nath Palit and ors.

Court : Kolkata

Decided on : Jul-15-1915

Reported in : 34Ind.Cas.657

..... above) in my opinion, under the circumstances of this case, was sufficient authority to him to affix the seal of the university: in re: barned's banking company, ex parte contract corporation co. (1867) 3 ch. 105 at p. 116 : 37 l.j. ch. 81 : 17 l.t. 269 : 16 w.r. 193.69. before i come to deal with the ..... of the plaintiff with regard to the nature of the two indentures of the 15th june and the 8th october 1912, it being urged that the two indentures were simply contracts between sir tarak nath palit and the university and nothing more, sir tarak nath conveying certain premises to the university in consideration of the university covenanting to do certain things ..... .'35. on behalf of the plaintiff it has been contended that under the terms of the indentures the relation between sir tarak nath and the university was that of two contracting parties and not of donor and donee. the object of such a contention is obvious, if the trusts constitute a charitable gift and the conditions are illegal, the charity takes ..... and to expend certain moneys. we were asked to consider the indentures as contracts and nothing more and to say that the usual results must follow when one party to the contract, is acting beyond its statutory powers, and that if this once be established, the indentures are null and void. in my .....

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